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(영문) 인천지방법원 2017.05.12 2016고단8991

컴퓨터등사용사기등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is a person who had a relationship with C.

A. As the Defendant was detained in a criminal case on August 16, 2015 by the victim C, the Defendant, including a computer, was authorized to use the victim’s fee of KRW 3,000,000 and cost of living by using a credit card card in his/her name.

On October 19, 2015, the Defendant, using this, included the credit card of the above national bank in the automatic withdrawal machine of the National Bank in Yeonsu-gu Incheon Metropolitan City, and then released KRW 2,000,000 as cash services on two occasions.

In addition, from September 1, 2015 to December 28, 2015, the Defendant entered 9,892,601 won in total over 15 times from around September 1, 2015 to around December 28, 2015, and received cash withdrawal and cash services, without authority, and obtained considerable pecuniary benefits.

나. 국민은행 신용카드 이용 사기 피고인은 가항 기재와 같이 C의 국민은행 신용카드를 건네받아 보관하던 중, 2015. 8. 25., 2015. 9. 25. 인천 연수구 D에 있는 피해자 에스케이 네트 웍스 주식회사 E 주유소 운영의 주유소에서, C이 지정한 권한 범위를 초과하여 위 카드를 사용할 권한이 없음에도 그 범위를 초과하여 위 카드를 사용할 권한이 있는 것처럼 행세하여 이에 속은 성명 불상의 위 주유소 직원으로부터 피해자 소유인 시가 각 40,000원, 합계 80,000원 상당의 유류를 공급 받았다.

(c)

Samsung Credit Card Theft Defendant: (a) within the family room of a victim F, Yeonsu-gu, Incheon around August 16, 2015, and 13 Dong B non-01, the victim C, who was located in a small room at the residence of the victim C, one copy of Samsung Credit Card;

L. A. L. theft was committed.

(d)

The Defendant, on August 23, 2015, stolen Samsung C’s name, as described in paragraph (c), was stolen in an automatic cash payment machine that manages the victim’s name in an unsound place.